What does a sample will look like? Tips on how to correctly draw up this document during your lifetime

What is a will

A will is a written document:

• drawn up by the testator in case of death;
• determining the composition of the heirs;
• establishing a list of property that is subject to inheritance;
• determining the shares of recipients (at the request of the owner).

Important! A will is a one-sided transaction. The consent of other persons when drawing up the document is not required.

The order is not valid during the life of the testator. He can repeatedly change or cancel the administrative document. However, after the death of a citizen, the will is not subject to adjustments.

It can only be declared invalid by a court decision. For example, if a document violates the rights of other persons or is drawn up by an incapacitated citizen.

After the death of the testator, the order regulates property relations between the heirs. The object of regulation is the property of a deceased person.

Lucky Strangers

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Luis Carlos de Noronha Cabral de Camara was a wealthy Portuguese aristocrat with a passion for motorcycles, guns and booze. However, he had no heirs. So when it came time for him to write his will, he randomly selected 70 names from the Lisbon phone book as heirs. When he passed away, lawyers contacted those chosen by him or their heirs and told them of their good fortune. According to the press, the assets of the eccentric rich man included a 12-room apartment and a house, a couple of very respectable bank accounts, a car and two motorcycles. After the sale of assets, each heir received several thousand euros.

Where can I register a will for an apartment?

To draw up a will, the testator needs to contact any notary in the Russian Federation . In Russia, wills are subject to notarization.

The notary is obliged:

• establish the identity of the testator;
• check his capacity;
• clarify rights/responsibilities;
• provide assistance in drawing up administrative documents.

Important! Also, the duties of a notary include the calculation and withholding of state fees for performing a notarial act.

If such a possibility is absent, then it will be necessary to proceed from the life circumstances in which the person finds himself. If the testator finds himself in an emergency situation, the law allows him to draw up an ordinary written document. The order is signed by the testator. Witnesses must also sign it.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The term implies the presence of a real threat to the life of a citizen - a criminal attack, a natural disaster, a catastrophe. However, such a document must be notarized within a month, for example, if the person did not die. Otherwise, the order will lose its significance.

If a citizen dies from emergency circumstances after the document is executed, the heirs may receive a share under the will solely by a court decision. To do this, legal successors must apply to the court to declare the situation an emergency. The claim must be filed within 6 months after the death of the testator.

Example. Citizen L. visited his summer cottage in winter. Sometimes he lived for weeks in a country house. Family members knew about this and were not worried. He was attacked by unidentified citizens and beaten. The neighbors drove the criminals away. However, the ambulance could not get to the site. Therefore, citizen L. wrote a will. The neighbors assured him. A few hours later he died. The son had to go to court to recognize the situation of issuing the order as an emergency. The claim was granted.

What to do if a person cannot contact a notary? The legislator has provided for a number of situations when a will can be certified by other persons.

List of persons who have the right to certify an order

The order is signed in the presence of the above persons. Later, the document is sent to the testator’s registered address or to a notary.

Lawyer's Warnings

Very often, having received an apartment as an inheritance, they try to sell it quickly: this is how the heirs try to avoid possible legal disputes with relatives. But there is a trap here for a potential buyer, and before finalizing the deal, he should carefully prepare for it and check the entire package of documentation:

1. If the citizen was legally married, then you should check whether the spouse has the right to an obligatory share in the inheritance . What could this mean? If she has the status of a disabled person, that is, inability to work, and she does not have the opportunity to earn her own living, then it does not matter if there is a will for the entire apartment: she will have the right to an obligatory share. Many buyers do not take this point into account, and when they give money for the entire living space, they actually end up receiving only half of it. And it is useless to go to court; the judge will rule that the buyer was careless, did not take into account these important circumstances, and entered into a dubious deal. Typically, such apartments are sold at a significant discount, and unwary buyers lose their money.
2. Similar situations can happen if the testator’s children are legally recognized as disabled for various reasons. It is imperative to request from the seller of such real estate all certificates from medical institutions regarding the health of family members of the person from whom the inheritance was received;
3. The testator must first of all provide for his minor children , who he may have on the day of drawing up the inheritance document. This point also needs to be checked before making a deal;
4. In some legal cases, inheritance can be contested . 3 years are allotted for these actions, after this period the time expires for other relatives to claim rights to the inheritance. If you are selling an apartment that you decided to sell before this date, then you need to think: it is quite likely that it is in a legal battle, a court decision can be waited for many years, and purchasing such property is quite risky;
5. It may also happen that a citizen wrote a will at a time when the case was going on to recognize him as completely incompetent , which means that he did not realize what he was actually doing. Ask for a doctor’s certificate: if it is issued on the day the document is written or earlier, then the purchase may result in long disputes with other applicants, and it will be impossible to use the housing.

Is it possible to register a will in the MFC (“My Documents”)?

No. The multifunctional center is not authorized by the legislator to certify such documents . The Civil Code does not provide for the possibility of mediation when registering an inheritance. A person must visit a notary or contact another authorized person.

However, when registering ownership of an apartment, a citizen must submit documents to Rosreestr. Only after proper registration is he granted ownership of the object.

One of the options for submitting an application is to contact the MFC. However, only real estate can be registered through the center. Other types of property (car, securities) are subject to registration with the relevant organizations (traffic police, joint stock company).

For my health

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A retired engineer named Roger Brown left a surprise in his will for some of his friends. A few days after the funeral, one of his sons contacted seven of Roger's friends to say that he had left £3,500 to his old company. However, the gift came with a condition: the money had to be spent on a trip to one of the European cities for the weekend. Friends decided to go to Berlin. Upon their return, one of the group, Roger Rees, told reporters: “We would like to formally apologize to Roger's two sons, Sam and Jack, for taking part of their inheritance. We spent most of it on beer, the rest we just squandered.”

Is it possible to make a will at home?

Yes. The law does not prohibit calling a notary to your home . Especially if a person is sick and finds it difficult to move independently.

Identification and verification of his legal capacity takes place at the place of residence. All necessary data is entered into the register of inheritance cases (Order of the Ministry of Justice dated April 16, 2014 No. 78).

The only difference is the cost of notary services. The amount increases by 1.5 times the base rate (Article 333.25 of the Tax Code of the Russian Federation).

Dog Kings

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Leona Helmsley was known as the "Queen of Mean" because of her terrible behavior towards everyone around her. She was already a millionaire when she married real estate king Harry Helmsley. After the wedding, the two of them built their own hotel empire and successfully managed it. In her will, Leona left $3 million to ensure that the family mausoleum was washed and steam cleaned at least once a year. However, most of her fortune, about $4 billion, was left to the Leona and Harry Helmsley Charitable Foundation to care for the dogs. She left a trust fund of $12 million to her Maltese named Trouble. As for the people, Leona left two grandchildren $10 million each, while the other two received nothing. In 2008, the will was amended because it was discovered that Leona was not of sound mind when she made it. Trouble's inheritance was reduced to $2 million because the previous amount was deemed excessive to care for the dog. Of the remaining $10 million, $6 million was given to two disinherited grandchildren.

How to write a will for an apartment correctly

When drawing up an administrative document, you need to take into account the legal requirements:

1. Will form . The document is drawn up exclusively in writing. Oral transactions regarding inheritance are considered invalid.
2. Notarization of a document . Moreover, 1 sample remains with the notary, and 2 is given to the testator.
3. Purposefulness and clarity of the will of the testator . When reading the document, it should be clear that the citizen is transferring property to beneficiaries in the event of his death.

The administrative document must contain:

• place, date of compilation;
• Title of the document;
• citizen registration address;
• passport details (series, number, date of issue);
• information about the testator;
• the essence of the order;
• list of property to be signed off (location);
• list of applicants (full name, registration addresses);
• designation of the shares of property that are due to the heirs;
• document number (for notary forms);
• link to familiarize yourself with the text of the document;
• proof of payment of state duty;
• signature of the testator, transcript of his surname.

The contents of the will depend on the preferences of the testator, the volume of the inheritance, and the number of claimants to the property.

Your beloved city can sleep peacefully

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Keith Owen was a Canadian investment banker. He regularly visited Sidmouth, a town in Devon, southwest England, where his mother lived. His plans to retire to the city took a tragic turn in 2007 when he was diagnosed with terminal cancer. Keith then contacted the Sid Vale Association, a local conservation society, and told them he would leave them £2.3 million - the amount he had saved for a comfortable retirement - to help them continue promote the beauty of Sidmouth. An SVA spokesman later said in an interview that Owen "felt that Sidmouth represented England as it used to be." The will specifically stated that a portion of the money should be used to provide for the planting of a million spring flower bulbs. The process began with the purchase of about 153,000 bulbs: a spokeswoman for the association said it would take several years to carry out the will of the deceased.

Procedure for registering a will for an apartment

To register a will, the testator can contact any notary office. By that time, the beneficiary should already be determined.

While the notary is preparing the papers, you will need to pay a state fee. After which the notary will read the text of the document to the testator. The completed will is signed, and the second copy is given to the citizen.

Algorithm of actions of the testator:

1. Determine the list of property and composition of heirs.
2. Contact a notary office.
3. Provide the text of the document or use a notary’s sample as a basis.
4. Pay the state fee.
5. Study the text of the will.
6. Sign and pick up the administrative document.
7. Transfer the order to a potential heir.

The last point is at the discretion of the testator. However, if the heir does not find out about the existence of a will, then he may never assume his rights if the testator suddenly dies. Therefore, you need to at least inform the person about its presence.

Example. Citizen N. issued an order for his nephew. However, he did not provide the young man with information about the document. After the death of the testator, his children found a declaration of will in his documents. To avoid being disinherited, they decided to keep silent and threw him out. The nephew did not find out about the existence of a will and was unable to inherit.

What is the price

Costs for registering a will in 2021:

1. Registration. For certification of an administrative document by a notary, the testator must pay 100 rubles. For each new document, the state duty is charged again. Payment of the fee is carried out in any bank in the Russian Federation or directly from a notary.
2. Payment for notary services. The cost of services depends on the region of treatment. You can find out more about the tariffs on the website of the Federal Notary Chamber. On average across the country, in 2021, the cost of a will is 2,500 rubles. However, the tariff varies in individual regions. For example, in Dagestan, an administrative document costs 900 rubles, and in the Altai Territory - 3,300 rubles.
3. Registration outside the notary's office . If the notary leaves the office, the price will rise 1.5 times.

Deadlines

Typically, a will is drawn up and registered on the day the testator applies to the notary's office. If a citizen has a large list of property that needs to be signed between several heirs, then the notary may offer to come the next day. For example, if there is little time left until the end of the working day or there is a heavy workload.

But, if the testator has problems with the documents or difficulties with the description of the property, and does not have the title papers with him, then the procedure for registering the will may be postponed.

Documentation

What is needed to draw up a will for an apartment? When making a will you usually need:

• testator's passport;
• a list of claimants for his property;
• title papers (to avoid typing errors or typos);
• medical documents on sanity (if a will is drawn up by an elderly citizen, the notary may require a certificate from a psychiatrist).

Such a measure is an additional protection against recognition of the order as invalid, for example, due to the inability of the testator to realize the consequences of his actions when drawing up the document.

Testamentary refusal

An administrative document with a condition is practically no different from an ordinary will. However, it contains a clause regarding the fulfillment by the heir of the testator’s last instructions (Article 1137 of the Civil Code of the Russian Federation).

A will may contain:

• requirement for the right to use premises in an inherited apartment;
• requirement to transfer some things or part of the value of property to another person;
• accept the testator's animals for maintenance.

Restriction of freedom of expression

When drawing up a will, the testator must take into account the interests of citizens who are entitled to an obligatory part of the property. This includes disabled persons (parents, spouse, dependents) and minor children of the testator.

A will cannot exclude the above-mentioned citizens from inheritance. Therefore, if at the time of death the notary identifies such persons, then, regardless of the contents of the order, they can claim part of the assets of the deceased person.

Rose every day

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Jack Benny was a comedian and television host. He became the first person to persuade Marilyn Monroe and Humphrey Bogart to appear on television on his show. Benny was not only charming, but also generous. In his will, he donated a Stradivarius violin he owned to the Los Angeles Philharmonic and also directed that his wife Mary Livingston receive a red rose every day for the rest of her life.

Is it possible to make changes to a will?

Yes, you can . After the document has been drawn up by a notary, subsequent rewriting involves drawing up a new order.

The testator can at any time correct the text or cancel the previous will (Article 1130 of the Civil Code of the Russian Federation). However, for each new notarial act the costs will be deducted in full.

To make changes, you need to contact the notary who compiled the original document. If this is not possible, then the testator can visit another notary office.

At the same time, you should send a letter to the notary who certified the primary order. This is necessary to notify you of the fact and essence of the changes made.

Rules for the validity of a will:

1. If the citizen’s will concerns the same participants and the composition of the property, then the new order cancels the previous one.
2. If the next order concerns only part of the inheritance, then both documents will be valid at the same time.
3. If the final disposition is declared invalid, the inheritance of property occurs on the basis of the previous version of the document.

When filing a new will, the notary makes a mark on the previous form. A corresponding entry is also made in the state register.

For Britain

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Unfortunately, in this case, the good intention has not yet been realized. In 1928, an anonymous donor bequeathed £500,000 to the British Treasury with the understanding that it would be used to pay off England's debt. However, the will required that the amount be paid only when it was sufficient to pay off the entire debt. Also in 1928, the National Fund was established for this purpose, into which donated money was deposited. However, to this day it has failed to fulfill its purpose: although the fund has grown to £350 million over the century, the national debt stands at around £1.2 trillion. A few months ago, the British press mentioned that the fund's managers were working to find a legal way to divert its funds to other charitable causes, since achieving the wishes of an anonymous benefactor seemed unrealistic.

How many times can a will be rewritten?

The testator can make a will an unlimited number of times . The new document completely or partially cancels the previous one.

If the testator in the next will decides the fate of the same property, but changes the composition of the heirs, then the previous document loses its force. But, if the new will concerns other property, then the current version of the document also remains relevant.

During his lifetime, the testator can make changes to the order or cancel it. If the document is canceled completely, then the testator needs to submit a corresponding order to the notary.